be solicited directly from professional or industry associations or other interested parties; they will be expected to respond based upon the FEDERAL REGISTER notification. Normally, the public will be given 45 days to comment. Proposed changes or additions to the HHSAR or FAR shall be staffed to the Executive Committee for Acquisition in accordance with 301.270. [49 FR 13961, Apr. 9, 1984. Redesignated and amended at 50 FR 23126, May 31, 1985; 50 FR 38004, Sept. 19, 1985] 301.501-3 Exceptions. (e) Comments will not be solicited from the public when the change or addition to the HHSAR or lower level acquisition regulation is deemed procedural in nature and concerns internal administrative directions aimed at departmental personnel (see FAR 1.301(b)). [49 FR 13961, Apr. 9, 1984, as amended at 49 FR 36110, Sept. 14, 1984. Redesignated and amended at 50 FR 23126, May 31, 1985; 50 FR 38004, Sept. 19, 1985] 301.503 Public meetings. Public meetings will not normally be used to solicit comments or views on HHSAR or lower level acquisition regulations. However, when the topic is so controversial that the Department or OPDIV believes a public meeting would be beneficial, public meetings will be convened. [49 FR 13961, Apr. 9, 1984. Redesignated at 50 FR 23127, May 31, 1985; 50 FR 38004, Sept. 19, 1985] Subpart 301.6-Contracting Authority and Responsibility SOURCE: 53 FR 15562, May 2, 1988, unless otherwise noted. 301.603 Selection, appointment, and termination of appointment. 301.603-1 General. (a) The appointment and termination of appointment of contracting officers shall be made by the principal official responsible for acquisition (PORA). This authority is not delegable. The head of the contracting activity shall ensure that only the PORA is redelegated, and exercises, this authority. (b) Only GS-1105 and 1106 and GS/ GM-1101 and 1102 personnel shall be appointed as contracting officers (see 301.603-3(b)). (c) The appointment of contracting officers shall be made at one of the four levels specified under the HHS Acquisition Certification Program (see 301.603-3(b)). (d) An individual shall be appointed only in instances where a valid organizational need for a contracting officer can be demonstrated or a replacement position is to be filled. Factors to be considered in assessing the need for a contracting officer appointment include volume of actions, complexity of work, and structure of the organization. (a) When an organizational need for a contracting officer is determined or a replacement is required, an official (usually the prospective contracting officer's immediate supervisor) will nominate a contracting officer candidate. The nomination shall be accompanied by the candidate's current Standard Form (SF) 171, Personal Qualifications Statement, that contains all relevant information, to inIclude that stated in FAR 1.603-2, a copy of the nominee's most recent performance appraisal, and a copy of the certificate issued under the HHS Acquisition Certification Program indicating the current level of certification. (b) The PORA shall review the submitted material to determine the candidate's ability to perform the contracting functions required to meet the organizational need. If the PORA requires additional information to make the decision, it shall be provided expeditiously by the nominating offi cial. 301.603-3 Appointment. (a) Contracting officer appointments shall become effective when the PORA signs the Standard Form 1402, Certificate of Appointment. SF 1402's shall be prepared and maintained in accordance with FAR 1.603-3. (b) Appointments shall be made at one of the four levels established by the HHS Acquisition Certification Program. Therefore, the contracting officer candidate must meet the minimum eligibility requirements of certification for one of the four stated levels. The level will be determined by the organizational need or position being refilled (replacement). The four levels are as follows: (1) Level I-Purchasing Agent. Mandatory for all personnel who have signature authority for small purchases (GS-1102, 1105, and 1106), including orders from GSA sources. (2) Level II-Acquisition Official. Mandatory for those in the GS-1102 series. Sufficient for delegation of contracting officer authority to a maximum of $100,000. (3) Level III-Senior Acquisition Official. Mandatory for those in the GS1102 series for delegation of contracting officer authority above $100,000. (4) Level IV-Acquisition Manager. Mandatory for preaward review and approval authority as specified in HHSAR Subpart 304.71. (c) Changes to contracting officer appointments, either increasing or decreasing the warrant limitations, shall be made by the PORA. Changes must be made from one of the four certification levels to another, or within one of the certification levels, and must be implemented by the PORA's issuance of a new SF 1402 to replace the existing SF 1402. (d) Personnel shall not ordinarily be appointed as contracting officers if they do not meet the qualifications prescribed for one of the four certification levels. However, if it is essential to appoint a contracting officer who does not fully meet the certification qualifications, an interim appointment may be granted by the PORA. The PORA shall require as a condition of the interim appointment that all training or experience requirements be met within a six month time period. Usually, interim appointments shall not exceed six months. Failure to successfully complete the necessary training requirements or gain the experience within this time frame will result in termination of the appointment, unless the PORA determines that un usual circumstances prevented the attainment of either. In this instance, one additional six month interim appointment may be issued, but no more shall be allowed. The PORA shall fully document all interim appointment actions. (e) The original SF 1402 shall be provided to the contracting officer, and a copy shall be retained by the PORA. Another copy of the SF 1402 along with the SF 171 material shall be forwarded to the servicing personnel office for inclusion in the individual's personnel file folder. Files on individuals should not be established by the PORA. 301.603-4 Termination. Termination of contracting officer appointments shall be executed by the PORA in accordance with FAR 1.6034. 301.603-70 Delegation of contracting officer responsibilities. (a) Non-GS/GM-1101 or 1102 or GS1105 or 1106 personnel shall only be delegated contracting officer responsibilities when determined necessary by a warranted contracting officer (holder of a valid SF 1402), and in accordance with this subsection. Personnel, such as a contracting officer's representative or an ordering officer, shall be delegated only the needed responsibilities by the warranted contracting officer in a written memorandum of delegation which clearly states any limitations on the delegation. Personnel who are not in the GS/GM1101 or 1102 or GS-1105 or 1106 job series shall not be issued a SF 1402, Certificate of Appointment. (b) Non-acquisition personnel who are delegated acquisition responsibilities shall be required to have the training, experience, and education requirements necessary for the responsibilities assigned. If, for example, responsibility is to be delegated for making small purchases, the training, education, and experience for Level IPurchasing Agent, or its equivalent as determined by the PORA, shall be required. 301.670 Head of the contracting activity. 301.670-1 Responsibility. The head of the contracting activity (HCA) is responsible for conducting an effective and efficient acquisition program. Adequate controls shall be established to assure compliance with applicable laws, regulations, procedures, and the dictates of good management practices. Periodic reviews shall be conducted by qualified personnel, preferably assigned to positions other than in the contracting office being reviewed, to determine the extent of adherence to prescribed policies and regulations, and to detect a need for guidance and/or training. 301.670-2 Designation. Each OPDIV head and PHS agency head has been designated as HCA along with the following officials: (a) Deputy Assistant Secretary for Procurement, Assistance and Logistics; (b) Deputy Assistant Secretary for Administrative and Management Services, OS; and (c) Each Regional Director. 301.670-3 Redelegation. (a) The heads of contracting activities may redelegate their HCA authorities to the extent that redelegation is not prohibited by the terms of their respective delegations of authority, by law, by the Federal Acquisition Regulation, by the HHS Acquisition Regulation, or by other regulations. However, HCA and other contracting approvals and authorities shall not be redelegated below the levels specified in the HHS Acquisition Regulation or, in the absence of coverage in the HHS Acquisition Regulation, the Federal Acquisition Regulation. To ensure proper control of redelegated acquisition authorities, HCA's shall maintain a file containing successive delegations of HCA authority through and including the contracting officer level. (b) Personnel delegated responsibility for acquisition functions must possess a level of experience, training, and ability commensurate with the complexity and magnitude of the acquisition actions involved. Subpart 301.7—Determinations and Findings SOURCE: 50 FR 23127, May 31, 1985 (interim rule) and 50 FR 38004, Sept. 19, 1985 (final rule), unless otherwise noted. 301.703 Class determinations and findings. (b) All class determinations and findings (D&F's) shall be limited to a period of one year or less. 301.704 Content. An example of a D&F format may be found in 316.301-3(c). All D&F's shall be prepared using the referenced format and shall include the information required by FAR 1.704(a)-(g). PART 302-DEFINITIONS OF WORDS AND TERMS AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c). Subpart 302.1-Definitions 302.100 Definitions of terms. "Chief of the contracting office" (CCO) is a mid-level management official in charge of a contracting office who controls and oversees the daily contracting operation of an Operating Division (OPDIV) or major component of an OPDIV. The CCO is subordinate to the principal official responsible for acquisition and is located at a management level above other contracting personnel, usually as a branch chief. "Head of the agency" or "agency head" means the head of the Operating Division (OPDIV) for HCFA, OHDS, PHS, and SSA, or the Assistant Secretary for Management and Budget (ASMB) for the Office of the Secretary (OS). "Head of the contracting activity" (HCA)-see 301.670-2. "Principal official responsible for acquisition" (PORA) is defined in terms of certain organizational positions within the Office of Administrative and Management Services (OAMSOS), Health Care Financing Administration (HCFA), Office of Human Development Services (OHDS), Office of the Assistant Secretary for Health (OASH), Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), Centers for Disease Control (CDC), Food and Drug Administration (FDA), Health Resources and Services Administration (HRSA), National Institutes of Health (NIH), Social Security Administration (SSA), and the Regional Offices (RO's), as follows: OAMS-OS-Director, Division of Contract Operations HCFA-Director, Division of Procurement Services, Office of Management and Budget OHDS-Director, Grants and Contracts Management Division, Office of Manage- CDC-Director, Procurement and Grants HRSA-Director, Division of Grants and Procurement Management, Office of Management NIH-Director, Division of Contracts and Grants, Office of Administration (For acquisitions assigned to the Division of Contracts and Grants) NIH-Director, Division of Procurement, Office of Research Services (For acquisitions assigned to the Division of Procurement) SSA-Director, Office of Acquisition and Regional Administrative The PORA is subordinate to the head of the contracting activity and is the official in charge of the major contracting operation activity within the OPDIV, agency, staff office, or regional office. [49 FR 13964, Apr. 9, 1984, as amended at 51 FR 23231, June 26, 1986; 51 FR 44293, Dec. 9, 1986; 52 FR 27558, July 22, 1987] Subpart 303.2-Contractor Gratuities to Government Personnel 303.203 Reporting suspected violations of the Gratuities clause. Departmental personnel shall report suspected violations of the Gratuities clause in accordance with Subpart M, Reporting Violations, of the Department's Standards of Conduct (45 CFR Part 73) and General Administration Manual Chapter 5-10, rather than as specified in FAR 3.203. Refer to Subpart E, Gifts, Entertainment, and Favors, of 45 CFR Part 73 for an explanation regarding what is prohibited and what is permitted. Subpart 303.3-Report of Suspected Antitrust Violations 303.303 Reporting suspected antitrust violations. A copy of each report of suspected antitrust violations submitted to the Attorney General shall also be submitted to the Deputy Assistant Secretary for Procurement, Assistance and Logistics. Subpart 303.4-Contingent Fees 303.408 Evaluation of the SF 119. 303.408-1 Responsibilities. (b) The chief of the contracting office shall perform the review required by FAR 3.408-1(b) and should consult with the Office of General Counsel, Business and Administrative Law Division, when deemed necessary. 303.409 Misrepresentations or violations of the Covenant Against Contingent Fees. (a) Reports shall be made promptly to the contracting officer. (4) Suspected fraudulent or criminal matters to be reported to the Department of Justice shall be prepared in letter format and forwarded through acquisition channels to the head of the contracting activity for signature. The letter must contain all pertinent facts and background information considered by the contracting officer and chief of the contracting office that led to the decision that fraudulent or criminal matters may be present. A copy of the signed letter shall be sent to the Deputy Assistant Secretary for Procurement, Assistance and Logistics. Subpart 303.5-Other Improper Business Practices 303.502 Subcontractor kickbacks. (b) Any known or suspected violations of the Anti-Kickback Act (41 U.S.C. 51-54) shall be reported to the contracting officer who shall investigate the matter, document the findings, and report the results to the chief of the contracting office. If the results substantiate the known or suspected violation, the chief of the contracting office shall notify the Office of General Counsel, Business and Administrative Law Division and report the matter, through acquisition channels, to the head of the contracting activity. The head of the contracting activity shall take appropriate action is consonance with the Act, and notify the Deputy Assistant Secretary for Procurement, Assistance and Logistics of the case and its disposition. Subpart 303.6-Contracts With Government Employees or Organizations Owned or Controlled by Them 303.602 Exceptions. Approval of an exception to the policy stated in FAR 3.601 shall be made by the head of the OPDIV (Assistant Secretary for Management and Budget in OS cases) or the Regional Director. Subpart 303.7-Voiding and Rescinding Contracts 303.704 Policy. For the purposes of implementing FAR Subpart 3.7, the authorities granted to the "agency head or designee" shall be exercised by the principal official responsible for acquisition. [51 FR 44293, Dec. 9, 1986] |